Powers v. State

PREWITT, Chief Judge.

Movant was convicted of burglary and stealing. On appeal those convictions were affirmed. State v. Powers, 612 S.W.2d 8 (Mo.App.1980). In this proceeding under Rule 27.26 he seeks to have those convictions vacated. After hearing the trial court denied that relief and movant appeals.

Movant contends that the trial court erred in overruling his motion because he received ineffective assistance of counsel as his counsel did not file a motion to dismiss based on the “speedy trial act”, § 545.780, RSMo 1978. He asserts that had counsel so moved such motion would have been…